Source
r/vancouver•
Uninformedperson

Can landlord kick me out with 0 notice(shared kitchen/bathroom with landlord)

Ask Vancouver

So I'm getting warned that I need to be out by July, but I'm worried my landlord will change the locks and throw out all my stuff before then (or just storm my place and tell me to get out).

I share a kitchen+bathroom with landlord. That means the residential tenancy agreement doesn't apply. Here's my details: -paying $550 rent -have receipt for June rent -had 1 year written lease that is now a month-to-month lease

Basically, landlord's selling property and because I don't fall under residential tenancy agreement, they can kick me out whenever (Tenant Rights BC told me that). So really worried, as it's hard to find a decent place in the $~500 range. Don't have any friends/family to fall back on or a car....What should I do? They aren't going to put anything to writing...they prefer to change my leave date instead. I'm worried they'll just say "you have 2 days before you have to get out so we can prepare your place for the buyer".

Posted Jun 7, 2017, 4:50 AM UTC

6468
BC-clette•

Go over your rental agreement and call TRAC. http://tenants.bc.ca/contact/ It might be that you agreed to this situation since it sounds like you are technically a guest in the landlord's home, in which case you are SOL since you held no lease on the unit itself.

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That_Half_Breed•

Lol'd at your username.

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smoozer•

https://fr.wikipedia.org/wiki/Bicyclette I thought

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That_Half_Breed•

Bicycle in french

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tender_victuals•

Reference to the amazing all-female bike-dance troupe the B:C:Clettes? http://www.bcclettes.ca/

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UninformedpersonOP•

Are you all upvoting because I'm fucked?

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ruddiger22•

You are misunderstanding. The Residential Tenancy ACT does not apply, but whatever contract you have is still binding on the landlord. It may not be binding on a subsequent purchaser though.

If it says it is month to month, it is just that. Of course the landlord could breach and throw your stuff out, but they'd be offside the agreement if it clearly says you are month to month (ie one month's notice to leave).

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ruddiger22•

Wait - did they give you a month's notice and you aren't sure whether they will honour it? You should try and get in writing, even email or text, exactly when you need to be out by. If they then try to short circuit that they would be breaching your agreement. It sounds like you don't have super solid ground, but the more that is in writing the better.

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Clasp•

At one point you had a contract, but your situation has evolved past that contract without you making a new one. Since then there's been a kind of implied contract/agreement. You give them money for the month and they let you stay there for a month. Some of the terms from your old contact also persist.

You probably can't hold them to much more than that so you're only safe until the end of June. But if they try to get you to leave with only a few days notice at the end of June, it's still pretty hard to evict you. If you're just unable to leave it's going to be difficult for them to force you to get out right away. They're not going to be able to storm the place or change your locks. However, what the new landlord might be able to do is sue you for the loss caused by you still living there after they've obtained occupancy. What the damage could be as hard to say. It could be a lot.

It's really hard to know without getting the full details on your situation, and you're not going to get perfect answers on reddit.

I'd recommend just being upfront with your current landlord and asking what the plan is for July right now. Maybe ask the next landlord too. if they don't give you an answer it's time to start worrying. If you have some disposable income it would probably be worth it to then get a consult with a lawyer through the lawyer referral service. Get real advice.

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m4st34•

They can change the locks and storm the place and throw all his stuff on the street. He is a guest/roommate. He can sue after the fact. Good luck though. He won't get anything. They already gave him more then reasonable warning.

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ChuckPawk•

Can you explain why it doesn't apply? Because if you're thinking it's because they're roommates i don't think that exclusion applies here since one of the roommates is the landlord.

But I'm not positive on that and would be interested in being shown otherwise.

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ruddiger22•

RTA doesn't apply with shared kitchen and bathroom facilities with the owner.

Section 4(c)

http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section4

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K_K_L•

In short yes , there is no sugar coating the situation based on the things you stated yourself.

Relationship's nothing special. I've been a difficult tenant at times. I'm just worried/concerned that they first seemed fine with me moving out beginning of August, but now it's "good if I can find something in July". I can't get a proper deadline from them. If they are moving AND handing it over on July 1st, they might want me out well before that so they can get their affairs in order. The main problem is that I have no protection against that.

So pretty much the earliest date you have to move out is July 1st , they already gave you more than required time notice

I want to demand a deadline, but I feel like they'd just say "fuck off your deadline's today get the fuck out". I am assuming July 1st is the deadline, but I'm thinking of just moving to the first place I see and abandoning the premises. Why bother cleaning up if they won't bother being clear with me on this...

Bad idea , still clean up after yourself at least attempt to. The new person is still going to come and get someone professionally cleaned but you do it for your future reference if you need it.

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ReaverReaver•

I think your best bet is to move past your emotions and start looking.

Seeking options doesn't change the fact that in one to one and a half months you'll need to have figured out a place to live.

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freedrone•

You guys are roommates and he owns the property

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Thomas13542•

If you live with the landlord then yes.

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OGdinosaurTrashy Queen•

yes

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thesexyboatMount Pleasant•

I lived as a tenant through the sale of a property - it was a split-level so it's a different situation, but the new owner was planning to rent the suite anyway so we were able to transfer our rental agreement.

But think about it as the new owner... They're going to buy a place with shared rooms and a tenant with cleanliness problems. You're not going to live there much longer so it's time to move on, friend!

If you want to reduce some stress and anxiety, send your landlord a letter - date it and keep a copy. Apologize, even if you don't mean it, for any disagreements you've had over the years and thank them for living in their place for 5 years. Quickly explain your housing situation, and ask if there is any leniency with the move-out date (i.e. if it hasn't already been sold, if the takeover date is later in July) in case you have trouble finding a place for July 1. Be polite, be nice, be grateful; get over any ego and make your life a bit easier for the next month. Then get apartment-hunting! You find a place, you tell your landlord. If it's before July 1 offer to move out immediately and negotiate your damage deposit / remaining June days. If it's within the first week of July, tell your landlord and ask to negotiate a rate for the extra days. If it's beyond that and your landlord-tenant relationship hasn't improved yet, either find a different place or look for places to stay until you can move in. Good luck!

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That_Half_Breed•

Look around surrey/langley for a basement suite. I know a couple people paying 500+ % of utilities there.

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That_Half_Breed•

Also good luck! I know how hard finding a place is sometimes. It really sucks.

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thebest1017•

Let this be a lesson to all messy roommates out there. If you're clean and get along with everyone you're less likely to get screwed over

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Linniz•

This. I was renting out my apartment while working overseas on a project for two years. First year I came back I found that the dude had been smoking cigarettes like crazy indoors. Even though it was written pets ok, but no smoking or any drugs. I kicked him out and he called me an rich asshole.

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ashervisalis•

Have to tried asking your landlord about this? Tell him/her that you're worried about them just kicking you out. Might be a good thing to talk about. And start searching for a new place!!

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Rustzero1•

The guy wants you out, just leave. Who wants to live with someone who's trying to kick you out. Move on now and find a better situation.

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saynitlikeitis•

Agreed. This is not a battle worth fighting

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micahgoldprovides unsolicited statutory references•

If a tenant shares a kitchen or a bathroom (or both) with their landlord section 4(c) of the Residential Tenancy Act means that the tenancy does not enjoy the Act's statutory protections.

That being said, your contract may have other provisions inside of it that require the landlord to give you notice. Others have recommended the TRAC and I will recommend UBC Law's LSLAP program. Both may be able to comb through your contract and provide you with information or advice on how to proceed.

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nutmeg13•

Call your MLA's constituency office. They can help point you to resources (although tbh they'll probably send you to TRAC too) and can be a good heavyweight on your side.

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bayou_billy•

You could refuse to leave and force him to file for a legal eviction and lockout but you don't want to go through all that. I think your best bet is to prepare to leave and find a new place.

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K_K_L•

I dont think the landlord needs to file for a legal eviction. All he need to do is change the locks , move his stuff to the curb and if he comes looking for trouble the cops will come and tell him to leave. RTA doesnt apply to the situation as this is a shared bathroom/kitchen.

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carhop79•

Find a place to live and move ASAP then you don't have to worry about it.

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UninformedpersonOP•

Thanks for all the advice so far, guys. I'm going to start searching craigslist and calling/emailing places today, and start seeing them this weekend.

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Causalien•

This is whatyou shoukd be focusing on full time. Apologize to the landlord and buy as much time as possible. It is now taking 3 months to find places to live and there are bidding wars for rentals.

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bayou_billy•

Cops won't put him out without a writ of possession.

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Pulp-•

You have none of the special rights typically afforded by the RTA. Your stuff can be thrown on the street and you can be removed from the property (even if you paid rent for that month) - an order of possession/bailiff is not required.

I'm still confused. Living with folks for 5 years and you can't get a straight answer of when you need to be out by? And you are scared they are just going to toss your stuff out? Not adding up, but good luck in your search.

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moltenrock•

Instead of dragging your ass, protect it instead. Get the fuck out by July -- that means every waking non-work hour is spent finding or securing a place to live. And you say you've been a difficult tenant? The consequences of that will surface when they call your landlord to check on you. Either way--start looking and make it happen.

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UninformedpersonOP•

Is it viable to find a place in the $550 range by july...if i want to avoid roomates?

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moltenrock•

Viable? -- what's that have to do with anything --- dude ---get off your ass and start hitting the bricks and sort yourself out by finding a place. $550 is cheap -- what's your employment situation and age? $550 is the kind of rent parents charge their 18 year old kids to teach them how to live in the real world.... it's soft rent for sure. Rent "lite"..... it's the kind of rent people in SRO hellholes pay downtown. Quit stalling on action and start hustling.

What's your deal where you've been a shitty tenant and basically in stasis for 5 years? How is that acceptable for you? Particularly the shitty tenant/room-mate thing? You wake up and look in the mirror and say "I'm a shitty room-mate and that's okay with me"?

This whole eviction might be a coming to Jesus moment. Living in the same place for 5 years - no friends - no resources ? No contacts? This is a challenge you need to meet my friend -- something you have to do. Make it happen.

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UninformedpersonOP•

There's lots of people living in that rent-range in Greater Vancouver...not everyone is successful in life. Low income etc. Also I've no problem getting a new place. Just don't want to be told I need to leave June 9th before I've found one. Make sense?

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UninformedpersonOP•

I don't have an issue with a proper deadline. July 1st should be fine..i just mean finding a place on the suburbs that isn't full of bedbugs. This thread was me being worried about being evicted before i could find a place for july.

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NalaMay12•

Right, your post was about what could happen while you are doing your search and preparing to leave. Certainly doesn't warrant a finger wagging lecture full of insults.

if it were me in this particular situation I'd try to find and keep in my back pocket some short term temporary options by assuming the worst - that I would be kicked out sooner than the agreed date. Even if it meant sleeping in my car and putting stuff in storage, it would be an option I'd consider if it came to it. Good luck in finding a place.

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